Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claims 1-10 are objected to because of the following informalities: The claims are objected to because the lines are crowded too closely together, making reading difficult. Substitute claims with lines one and one-half or double spaced on good quality paper are required. See 37 CFR 1.52(b).
Appropriate correction is required.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 1-10 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more.
Step 1: Yes.
Claim 1 recites “an intelligent monitoring, inversion and prediction system for a transient process of pumped storage units, comprising: an equipment layer, a data layer, a twin layer and a service layer… dynamic prediction, health assessment and fault warning”, which is a system
Step 2, Prong One: Judicial exception? Yes.
The claim when viewed as a whole recites an abstract idea, e.g. mental process. The broadest reasonable interpretation of the limitations is that those limitations fall within the mental process groupings of abstract ideas because they cover concepts performed in the human mind, including observation, evaluation, judgment, and opinion. MPEP 2106.04(a)(2)(III)(C)1-3: A claim that requires a computer may still recite a mental process. Claims can recite a mental process even if they are claimed as being performed on a computer. Current claim 1 recites a mental process performed in a computer environment, e.g. an “intelligent monitoring, inversion, and prediction system” in which the recited “equipment layer, data layer, twin layer, and a service layer” are recited as generic computer elements and they are used as a tool to perform a mental process.
The recited limitations such as “the equipment layer comprises sensors for obtaining hydraulic…so as to realize an inversion”, “the data layer comprises a real-time database….the data layer is sued for storing hydraulic, mechanical and electrical operation parameters collected by the equipment through a hard wiring mode to form closed-loop control, so as to realize an inversion”, “the twin layer comprises a modeling and an application of a digital twin model, the twin layer adopts a dual-drive mode of model driven and data driven, a twin unit with the digital twin model as a core has a function of inversion with a real unit and an ability to correct and update model parameters”, “the service layer is used for a three-dimensional modeling and a visual display of key information of a pumped storage system with Building Information Modeling (BIM) technology”, “the service layer displays one-dimensional time domain parameters based on predicted and measured operation data of a transient process of the digital twin model, and designs and visualizes front-end interfaces for six functions: operation optimization, online monitoring, inversion, dynamic prediction, health assessment and fault warning” encompass observation, evaluation, judgment, and opinion.
All the recited “layers” and recited “sensors” are not particular device.
The layers, modules, display and processor are recited so generically (no details whatsoever are provided other than that they are modules, display and processor) that they represent no more than mere instructions to apply the judicial exception on a computer. These limitations can also be viewed as nothing more than an attempt to generally link the use of the judicial exception to the technological environment of a computer. It should be noted that because the courts have made it clear that mere physicality or tangibility of an additional element or elements is not a relevant consideration in the eligibility analysis, the physical nature of these computer components does not affect this analysis. See MPEP 2106.05(I) for more information on this point, including explanations from judicial decisions including Alice Corp. Pty. Ltd. v. CLS Bank Int'l, 573 U.S. 208, 224-26 (2014)
Further, the limitation “the twin layer comprises a modeling and an application of a digital twin model, the twin layer adopts a dual-drive mode of model driven and data driven, a twin unit with the digital twin model as a core has a function of inversion with a real unit and an ability to correct and update model parameters” recites a mathematical concept. The claim does not recite a particular equation or algorithm for making the recited combining and performing steps, this just means that the abstract idea is being recited broadly enough to monopolize all possible equations or algorithms that might be used (Please also see MPEP 2106.04(a)(2)(III)(A), (B), (C), and (D).
Step 2, Prong Two: Practical application? No.
The claim when viewed as a whole or in ordered combination does not integrate the abstract idea into a practical application.
The limitation “the service layer displays one-dimensional time domain parameters based on predicted and measured operation data of a transient process of the digital twin model, and designs and visualizes front-end interfaces for six functions: operation optimization, online monitoring, inversion, dynamic prediction, health assessment and fault warning” encompasses insignificant extra solution. The “(displayed) one-dimensional time domain parameters” and “(designed)” are insignificant extra solution and data. Their use is unlimited. The recited limitation does not show in details how to accomplish the recited parameters and how to design and visualizes the interfaces for the recited six functions.
The limitations as recited in claim 1 does not show in details how to accomplish each limitation. The recited layers are generic components and are not particular devices. They are used as a tool to perform the abstract idea.
Claim 1 when viewed as a whole does not provide meaningful limitations beyond generally linking the use of the judicial exception to a particular environment to transform the judicial exception into patent-eligible subject matter (see MPEP 2106.05(e)).
Per MPEP 2106.04(d)(1) and 2106.05(a), the claim as a whole does not provide an improvement to other technology or technical field. The claim limitations as recited when viewed as a whole do not include the components or steps of the invention that provide the improvement described in the specification.
The layer, display and processor are recited so generically (no details whatsoever are provided other than that they are modules, display and processor) that they represent no more than mere instructions to apply the judicial exception on a computer. These limitations can also be viewed as nothing more than an attempt to generally link the use of the judicial exception to the technological environment of a computer. It should be noted that because the courts have made it clear that mere physicality or tangibility of an additional element or elements is not a relevant consideration in the eligibility analysis, the physical nature of these computer components does not affect this analysis. See MPEP 2106.05(I) for more information on this point, including explanations from judicial decisions including Alice Corp. Pty. Ltd. v. CLS Bank Int'l, 573 U.S. 208, 224-26 (2014).
Further, the “visualizing and displaying” represent extra solution activity because it is a mere nomial or tangential addition to the claim. See MPEP 2106.05(I) for more information on this point, including explanations from judicial decisions including Alice Corp. Pty. Ltd. v. CLS Bank Int'l, 573 U.S. 208, 224-26 (2014). This limitation represents extra-solution activity because it is a mere nominal or tangential addition to the claim. See MPEP 2106.05(g), discussing limitations that the Federal Circuit has considered to be insignificant extra-solution activity, for instance the step of printing a menu that was generated through an abstract process in Apple, Inc. v. Ameranth, Inc., 842 F.3d 1229, 1241-42 (Fed. Cir. 2016) and the mere generic presentation of collected and analyzed data in Electric Power Group, LLC v. Alstom S.A., 830 F.3d 1350, 1354 (Fed. Cir. 2016).
Step 2B: the claim does not include additional elements that are sufficient to amount to significantly more than the judicial exception, for reasons that are analogous to the discussion of additional elements at Prong 2.
Dependent claims 2 and 3 add limitations which are not particular devices merely extending the abstract idea without adding any additional elements.
Dependent claim 4 adds a limitation which is insignificant extra solution merely extending the abstract idea without adding any additional elements.
Dependent claim 5 adds a limitation which encompasses insignificant extra solution. “(Formed) independent data packet” is data merely extending the abstract idea without adding any additional elements. Limitation “The supervision system triggers the command console to send an acquisition instruction to a data acquisition system while giving an instruction to operate relate control equipment” encompasses data gathering and insignificant extra solution “sending instruction” and “instruction to operate relate control equipment” are data gathering. The “supervision system” and “equipment” are not particular devices.
Similarly, dependent claim 6 adds a limitation which is data merely extending the abstract idea without adding any additional elements.
Dependent claim 7 adds a limitation which is data merely extending the abstract idea without adding any additional elements.
Dependent claims 8 and 9 add limitations in which the layer and module are recited as a tool used to perform the abstract idea. The recited layer and modules are not a particular device merely extending the abstract idea without adding any additional elements.
Dependent claim 10 adds limitation which data merely extending the abstract idea without addition any additional elements. The recited modules, sensors, and layers are not particular devices. They are merely tools used to perform the abstract idea. The claim encompasses insignificant extra solution such as “(marked) positions of the measuring points of the sensors”, “(displayed) operation data in real time”, “(given) early warning”. Further, the claim recites a mathematical concept (see “wherein the health assessment module eavlues warning module and a front end visualization module, wherein the health assessment module evaluates the unit health state by using a fuzzy analytic hierarchy process based on real-time operation data”, “the fault warning modules adopts a fault tree theory or an expert semantic network to establish a set of targeted fault diagnosis knowledge base”). Limitations “the warning module locates the fault type and reasons according to the operation data” encompasses an significant extra solution and data merely extending the abstract idea without adding any additional elements.
An intelligent monitoring, inversion and prediction system for a transient process of pumped storage units, comprising
an equipment layer, a data layer, a twin layer and a service layer;
the equipment layer comprises sensors for obtaining hydraulic, mechanical and electrical operation data of the pumped storage units in real time, wherein the sensors are interconnected with real hydropower control equipment through a hard wiring mode to form closed-loop control, so as to realize an inversion;
the data layer comprises a real-time database, a relational database, an expert knowledge base and a file system, the data layer is used for storing hydraulic, mechanical and electrical operation parameters collected by the equipment layer in different levels;
the twin layer comprises a modeling and an application of a digital twin model, the twin layer adopts a dual-drive mode of model driven and data driven, a twin unit with the digital twin model as a core has a function of inversion with a real unit and an ability to correct and update model parameters;
and the service layer is used for a three-dimensional modeling and a visual display of key information of a pumped storage system with Building Information Modeling (BIM) technology;
the service layer displays one-dimensional time domain parameters based on predicted and measured operation data of a transient process of the digital twin model, and designs and visualizes front-end interfaces for six functions: operation optimization, online monitoring, inversion, dynamic prediction, health assessment and fault warning.
Further, the “displaying and visualizing” represent extra solution activity because it is a mere nomial or tangential addition to the claim. See MPEP 2106.05(I) for more information on this point, including explanations from judicial decisions including Alice Corp. Pty. Ltd. v. CLS Bank Int'l, 573 U.S. 208, 224-26 (2014). This limitation represents extra-solution activity because it is a mere nominal or tangential addition to the claim. See MPEP 2106.05(g), discussing limitations that the Federal Circuit has considered to be insignificant extra-solution activity, for instance the step of printing a menu that was generated through an abstract process in Apple, Inc. v. Ameranth, Inc., 842 F.3d 1229, 1241-42 (Fed. Cir. 2016) and the mere generic presentation of collected and analyzed data in Electric Power Group, LLC v. Alstom S.A., 830 F.3d 1350, 1354 (Fed. Cir. 2016).
Conclusion
Claims 1-10 are patentably distinguishable over the prior art of record.
CN 110147069 A discloses a time-based Port Real-time Twinning Of The Digital Monitoring System And Its Working Method. Digital Twin digital twinning is fully using the physical model, sensor update and operation history data, integrated multi-subject multi physical quantity, multi-scale and multi-simulation process of the probability, finishing mapping in the virtual space so as to reflect the full life cycle process entity corresponding to the equipment. digital binous is composed of three main parts, which are respectively a solid product of the physical space, the virtual product of virtual space, data and information interactive interface between the physical space and the virtual space. the control system comprising an operator control unit, a device control unit, a decision unit and an instruction output unit, a decision unit for generating a decision instruction staff equipment of port each job link change; the control unit is used for controlling the number of the working staff of port each job link setting, device control unit for controlling the hoisting machine of each link in the port logistics system, loading and unloading ship machine, unloading pump, continuously conveying device, a yard, a storage tank, piling, collecting card, front-handling crane and forklift device of starting walking, grasping and carrying and so on, and parameter of each device is set, a command output unit for the instruction control unit, a device control unit generates the transmission to a corresponding portion of each link of the port; using the sensor collecting ship work unit, original data loading and unloading unit, a storage operation unit, collection and transportation unit, comprising a state, the position and the number of each unit device, the operator number and position of each job unit; ship and berth, container, bulk wherein the ship operation unit comprising a plurality of liquid cargo and bulk cargo unloading operation unit comprises a plurality of port handling equipment, a storage operation unit comprises a plurality of yard, a card collecting, stacking, conveying device, loading and unloading device, fork and front-handling crane, collection and conveying unit comprises a plurality of collecting card; each working unit and is equipped with a certain number of operator, collecting ship work unit of ship departure cable mode, towing configuration, back away from the normal speed of parking and docking angle parameter; for the operation object is collecting each link hoisting horizontal operation speed of the mechanical requirement of the container, lifting speed, yard, a forklift, a parameter of the card and the front hanging set, pressure and temperature for the operation object is the need of liquid cargo collecting each link conveying pipeline; storage yard, loading and unloading pump and valve and the state of each device of the pressure temperature and other parameters for the operation object is needed for dry bulk collecting each link hoisting equipment, ship loading and unloading device, a conveying device, state of piling device and storage yard loading and unloading device and the pressure temperature and other parameters for the operation object is bulk to be collected on each section of the cargo clamp special, gantry crane and transport machinery, mobile crane, rod falling of ship, truck, forklift vehicle state and the pressure temperature and other parameters. The original data of the port of each operation unit in step (1) the obtained attribute parameter set for each virtual unit, comprising each time needed by the link process, the number of the operators of each job unit, attribute of goods is provided each field area stored in the port. for the operation object is collecting each link hoisting horizontal operation speed of the mechanical requirement of the container, lifting speed, yard, truck, container truck and front hoist device of parameter setting, pressure and temperature for the operation object is the need of liquid cargo collecting each link conveying pipeline; storage yard, loading and unloading pump and valve and the state of each device of the pressure temperature and other parameters for the operation object is needed for dry bulk collecting each link hoisting equipment, ship loading and unloading device, a conveying device, state of piling device and storage yard loading and unloading device and the pressure temperature and other parameters for the operation object is bulk to be collected on each section of the cargo clamp, mechanical transportation of special, gantry crane, a mobile crane, a rod falling of ship, truck, forklift, etc. state and the pressure temperature and other parameters (Pages 3-5).
However, CN 110147069 fails to disclose “the twin layer comprises a modeling and an application of a digital twin model, the twin layer adopts a dual-drive model of model driven and data driven, a twin unit with the digital twin model as a core has a function of inversion with a real unit and an ability to correct and update model parameters; and the service layer is used for a three-dimensional modeling and a visual display of key information of a pumped storage system with Building Information Modeling (BIM) technology; the service layer displays one-dimensional time domain parameters based on predicted and measured operation data of a transient process of the digital twin model, and designs and visualizes front- end interfaces for six functions: operation optimization, online monitoring, inversion, dynamic prediction, health assessment and fault warning.”
Busche et al. (USPAP. 20030158702) discloses an enhanced concern indicator failure prediction system is provided to predict possible product failures with automatic notification of people as well as systems. The system integrates data mining, spatial analysis, linear programming, narrowcasting, data warehousing, visualization, and text mining. As a result, failure conditions, attributes, complaints, locations, consequences, and sequence of events are analyzed using data mining technologies. This data is fed into an optimization module that assesses the efficiency of the failure process such that failures can be assessed as to their priority. These priorities are then used to feed a triggering engine that triggers notification of systems and individuals using narrowcasting technology. This system is one that allows early warning of potential problems to occur and integrates data from call centers, legacy systems, retailers, manufacturers, vendor supplied parts, and transportation of parts (Abstract; Pars. 26-48).
However, Busche et al. fails to disclose “the twin layer comprises a modeling and an application of a digital twin model, the twin layer adopts a dual-drive model of model driven and data driven, a twin unit with the digital twin model as a core has a function of inversion with a real unit and an ability to correct and update model parameters; and the service layer is used for a three-dimensional modeling and a visual display of key information of a pumped storage system with Building Information Modeling (BIM) technology; the service layer displays one-dimensional time domain parameters based on predicted and measured operation data of a transient process of the digital twin model, and designs and visualizes front- end interfaces for six functions: operation optimization, online monitoring, inversion, dynamic prediction, health assessment and fault warning.”
Regarding claim 1, the closest prior art of record either alone or in combination fails to anticipate or render obvious the combination wherein “the twin layer comprises a modeling and an application of a digital twin model, the twin layer adopts a dual-drive model of model driven and data driven, a twin unit with the digital twin model as a core has a function of inversion with a real unit and an ability to correct and update model parameters; and the service layer is used for a three-dimensional modeling and a visual display of key information of a pumped storage system with Building Information Modeling (BIM) technology; the service layer displays one-dimensional time domain parameters based on predicted and measured operation data of a transient process of the digital twin model, and designs and visualizes front- end interfaces for six functions: operation optimization, online monitoring, inversion, dynamic prediction, health assessment and fault warning.”” in combination with other limitations in the claims as defined by Applicants.
Claims 2-10 depend from claim 1 and therefore are also patentably distinguishable over the prior art of record.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHUONG HUYNH whose telephone number is (571)272-2718. The examiner can normally be reached M-F: 9:00AM-5:30PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Andrew M Schechter can be reached at 571-272-2302. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/PHUONG HUYNH/ Primary Examiner, Art Unit 2857 August 17, 2026
Prosecution Insights